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F I S C A L I M P A C T R E P O R T

SPONSOR Rehm

ORIGINAL DATE

LAST UPDATED

2/07/07

HB 678

SHORT TITLE Lifetime Destructive Device Ban for Felons

SB

ANALYST Wilson

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

$0.1

$0.1

$0.1 Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HB 658

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Administrative Office of the District Attorneys (AODA)

Corrections Department (CD)

Department of Public Safety (DPS)

Public Defender Department (PDD)

Sentencing Commission (SC)

SUMMARY

Synopsis of Bill

House Bill 678

modifies the current Felon in Possession of a Firearm statute, NMSA 1978,

Section 30-7-16, to make it a fourth degree felony if a convicted felon possesses a firearm or

destructive device in his lifetime as opposed to the ten years after his conditions of confinement

cease, as is currently the case.

FISCAL IMPLICATIONS

There will be a minimal administrative cost for statewide update, distribution and documentation

of statutory changes. Any additional fiscal impact on the judiciary would be proportional to the

enforcement of this law and commenced prosecutions. New laws, amendments to existing laws

and new hearings have the potential to increase caseloads in the courts, thus requiring additional

resources to handle the increase.

House Bill 678 – Page

2

Since the bill expands the crime from a ten year prohibition to a lifetime prohibition for some

felony offenders who are those never pardoned and those who did not receive a deferred

sentence, it is likely to lead to more felony convictions. However, it is unlikely to lead to more

than a minimal number of new convictions. Thus, it could lead to a minimal increase in the

CD’s prison population and probation and parole caseloads, and an associated increase in costs

to the CD.

SIGNIFICANT ISSUES

Federal law already provides for lifetime prosecutions for felons in possession of firearms, and

provides much harsher penalties than does this proposed modification of state law. Every police

department arrest report indicating possession of firearms is supposed to be copies to the U.S.

Atty. of the district to screen for prosecutions under Operation Exile. There is a report box in

every local police department for such reports to the U.S. Attorney.

The PDD notes

that there are some types of weapons that would be considered destructive

devices under New Mexico law such as percussion- and flint-fired muzzle loading guns that are

not considered to be firearms under federal law.

DPS states that this bill could potentially help keep firearms or destructive devices out of those

who in the past have had a propensity for violence, which could possibly help law enforcement

in general

The AOC provided the following:

•

Section 30-7-2 NMSA 1978, governing unlawful carrying of a deadly weapon, does not

prevent the carrying of an unloaded firearm. HB 658 prohibits receipt, transport or

possession of any firearm by a felon, loaded or unloaded.

•

Section 29-19-4 NMSA 1978, governing applicant qualifications for a concealed

handgun license requires that an applicant not have been convicted of a felony in New

Mexico or any other state or pursuant to the laws of the United States or any other

jurisdiction.

ADMINISTRATIVE IMPLICATIONS

There will be a small increase in trial and appeal workload for the PDD, the courts, the DA and

the Office Attorney General. This will be absorbed in the normal course of business.

RELATIONSHIP

HB 678 relates to HB 658 which will modify the same statute to make it illegal for illegal aliens

to possess firearms.

DW/csd